A bench comprising Justice Surya Kant and Justice Manmohan passed the order on the PIL filed by Supreme Court lawyer Yogamaya M G. Senior Advocate Shobha Gupta, representing the petitioner, argued that the definition clause of the POSH Act covers all aggrieved women and workplaces.
![[Applicability of the POSH Act to All Political Parties] Apex Court Directs Petitioner to Approach Election Commission](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/Posh-act.jpg?resize=820%2C461&ssl=1)
NEW DELHI: The Supreme Court, on December 9, disposed of a Public Interest Litigation (PIL) seeking to apply the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to political parties. The court directed the petitioner to approach the Election Commission of India first for redress.
A bench comprising Justice Surya Kant and Justice Manmohan passed the order on the PIL filed by Supreme Court lawyer Yogamaya M G. Senior Advocate Shobha Gupta, representing the petitioner, argued that the definition clause of the POSH Act covers all aggrieved women and workplaces.
The Court, during today’s hearing, suggested that the petitioner first approach the Election Commission of India (ECI) regarding their concerns.
“Why does the petitioner not approach the Election Commission of India? If nothing happens, you can come here,” the Court remarked orally.
The petitioner’s counsel accepted this suggestion, and the Court subsequently disposed of the plea, granting the petitioner the liberty to re-approach the court if the ECI fails to address the issues raised.
“The writ is disposed of with liberty to approach the ECI. If the issue remains unresolved, she is at liberty to approach the judicial forum,”
the Court ordered.
The petition sought a harmonized interpretation of the definitions of ‘workplace’ and ’employer’ under the PoSH Act, aiming to extend its applicability to political parties. The petitioner argued that the absence of standardized Internal Complaints Committees (ICCs) across political parties results in inadequate mechanisms for reporting and addressing sexual harassment cases.
“The lack of transparency, insufficient structures, and inconsistent implementation of ICCs perpetuate a culture that neglects women’s safety and empowerment,” the plea asserted.
The PIL raises serious concerns about the non-compliance of political parties with the PoSH Act, particularly regarding the establishment of Internal Complaints Committees (ICCs) to address sexual harassment cases.
When Justice Kant raised a query about the Act’s applicability to unorganised sectors, Gupta explained that it extends to such entities through local committees.
During the hearing, the bench referred to a judgment by the Kerala High Court, which held that political parties are not obligated to comply with the POSH Act, and noted that the judgment had not been contested.
When Justice Kant asked about the legal status of political parties, Gupta pointed out that they are registered under Section 29A of the Representation of Peoples Act and recognized by the Election Commission of India. Justice Kant then suggested that the Election Commission be included as a party, given its role as the competent authority for political parties.
The bench recommended that the petitioner approach the Election Commission for a resolution and return to the Court if necessary. Gupta agreed, and the court disposed of the petition, granting the petitioner the liberty to approach the Election Commission and return to the Court if their grievance is not adequately addressed.
The petition lists the Union government and major political parties, including Congress, BJP, TMC, NCP, NPP, BSP, AAP, CPI(M), and CPI, as respondents. Advocates Sriram Parakkat and Deepak Prakash will represent the petitioner.
The PIL comes shortly after the Supreme Court sought the Central government’s response to another plea regarding the service conditions of ICC members under the PoSH Act.
The petitioner had sought the following reliefs:
- Directing political parties to form Internal Complaints Committees (ICCs) in compliance with Section 4 of the POSH Act, 2013.
- Declaring that individuals involved in political party activities should be considered “employees” under Section 2(f) of the POSH Act.
- Mandating the Election Commission of India to ensure that compliance with the POSH Act is a requirement for political parties’ registration and recognition under the Representation of the People Act, 1951.
- Issuing guidelines for political parties to ensure timely compliance, including regular reporting and public disclosure of ICC operations.
The petitioner was also represented by Advocates Deepak Prakash and Sriam Parakkat.
